Lamson Dugan & Murray is here for you. As we all do our part to act as responsible citizens in response to the unprecedented COVID-19 events we have created a Resource Center for those that may be affected by legal implications from the virus.
Our Resource Center is meant to provide you with general guidance on COVID-19 from our team and links to important state and federal resources. Additional resources will be added as more become available.
Lamson Dugan & Murray COVID-19 Resources
Bankruptcy
Take-Out Food and the First COVID-19 Force Majeure Opinion
An Illinois bankruptcy court was the first court in the country to issue an opinion on how a force majeure clause in a commercial lease would be applied to the COVID-19 pandemic. Not surprisingly, the [...]
NEB – US Bankruptcy Court – District of Nebraska – UPDATE TO PUBLIC ACCESS Starting June 8, 2020
Starting June 8, 2020, the US Bankruptcy Clerk’s Office will be open for public access. There are some requirements and restrictions on courthouse entry pursuant to US District Court's - District of Nebraska, General Order [...]
The Coronavirus Just Doubled the Risk of Mass Bankruptcies
The risk of mass bankruptcies across the U.S. continues to rise as more companies grapple with the fallout stemming from efforts to battle the spread of coronavirus cases, according to one leading bankruptcy professor. According to data [...]
The Small Business Reorganization Act
In August of last year Congress passed, and Mr. Trump signed, legislation to make Chapter 11 more helpful for “small business” debtors, “The Small Business Reorganization Act” (“Subchapter V”), see https://www.congress.gov/116/bills/hr3311/BILLS-116hr3311enr.pdf. Subchapter V became effective [...]
Small Biz Bankruptcy Rules Come Just In Time For Many
Changes in the rules governing small business bankruptcies came at a fortuitous time earlier this year and could provide an easier path to reorganization as many more companies are likely to become insolvent due to the [...]
All Chapter 7, 11, 12, and 13 meetings of creditors scheduled after April 1, 2020 for all locations in Nebraska will be conducted by telephone until further notice
In an effort to reduce the spread of Covid-19, all Chapter 7, 11, 12, and 13 meetings of creditors scheduled after April 1, 2020 for all locations in Nebraska will be conducted by telephone until [...]
Business
Small Business Stabilization Grant – UPDATE
All – Today the Governor announced a second round of grant money for certain business. Beginning on October 21, 2020 certain small businesses who did not receive a grant in the first round of grants [...]
Omaha Mask Mandate
On August 11, 2020 the Omaha City Council passed an emergency ordinance mandating masks when indoors at a premises open to the general public unless an individual maintains a minimum of six feet of separation [...]
UPDATE: Nebraska Small Business Stabilization Grant Extended
The Small Business Stabilization Grant program has been extended until this Friday July 17, 2020 at 4:00 p.m. and is accepting new applicants (previous applicants are expected to be notified of the award status this [...]
CDC Issues More Comprehensive Guidance For Employers
The CDC has issued more comprehensive guidance and guidelines in support of President Trump’s plan for reopening the United States. Included, in Appendix F, is specific guidance for a number of industries including child care [...]
SBA PPP Loan Forgiveness Application
The SBA has published a Paycheck Protection Program Loan Forgiveness Application. The document provides instructions for completing the form and the required calculations. The instructions note that borrowers may complete the application as directed and [...]
CDC Publishes Flowcharts to Help Communities and Businesses Weighing Whether to Reopen
The CDC has provided guidance in the form of a flow-chart to help employers make opening, or reopening, decisions during the COVID-19 pandemic. The guidance notes that it is important for employers to also check [...]
Nebraska Churches Reopen
How are churches to conduct their services now that the governor has eased the COVID-19 restrictions? From May 4 through May 31, the rule limiting gathers to ten people will be relaxed for churches in [...]
Gov. Ricketts Announces Relaxed Directed Health Measures in Additional Regions, Issues Guidance to Resume Baseball & Softball in June
LINCOLN – Today, at his daily coronavirus press briefing, Governor Pete Ricketts announced that less restrictive Directed Health Measures (DHMs) will take effect in three additional regions in southern Nebraska on May 18, 2020. These regions [...]
Small Business Administration Benefits Now Available to Farmers and Ranchers
Congress replenished the Economic Injury Disaster Loan (EIDL) by passing a new law in April that became effective on May 4, which added $60 billion to the program. The SBA reopened its EIDL portal on [...]
OSHA Alerts
OSHA continues to provide information and best practices for employers in dealing with COVID-19 in the work place. OSHA has issued several “alerts” offering guidance for employers in the retail sector, in construction, in the [...]
Gov. Ricketts Announces Regulatory Changes to Allow Restaurants to Operate as Pop-Up Retailers
LINCOLN – Today, during his daily COVID-19 press briefing, Governor Pete Ricketts announced regulatory changes to give restaurants the flexibility to sell packaged foods to customers. Under normal circumstances, restaurants cannot sell packaged foods—like loaves of [...]
Gov. Ricketts Issues Executive Order to Provide Childcare Relief, Announces COVID-19 Business Response Survey
LINCOLN – This afternoon, Governor Pete Ricketts issued an executive order to expand childcare options for working Nebraska families and to provide relief for childcare centers participating in the State’s Child Care Subsidy Program. The order [...]
Of Course Ag on the List: Identifying Essential Critical Infrastructure Workers During COVID-19:
I know we’ve all had a fair share of questions regarding what is an “essential business” that would be allowed to remain open if the Nebraska Governor issued a shelter in place/shutdown order. While Gov. [...]
Identifying Critical Infrastructure During COVID-19
I know we’ve all had a fair share of questions regarding what is an “essential business” that would be allowed to remain open if the Governor issued a shelter in place/shutdown order. While Gov. Ricketts [...]
DOL published regulations providing guidance on paid leave under the Families First Coronavirus Response Act
The DOL published regulations providing guidance on paid leave under the Families First Coronavirus Response Act. This temporary rules provides critical guidance on a number of topics related the FFCRA including conditions that a business [...]
COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs
The IRS has issued important guidance for employers answering many questions regarding tax credits for payments made under the Families First Coronavirus Response Act. Included in the questions and answers is specific guidance on documents [...]
Paycheck Protection Program Application Form
Click the link for the Paycheck Protection Program Application Form: https://www.sba.gov/sites/default/files/2020-03/Borrower%20Paycheck%20Protection%20Program%20Application.pdf If you have questions about the Small Business Paycheck Protection Program, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.
PAYCHECK PROTECTION PROGRAM (PPP) INFORMATION SHEET: BORROWERS
The Paycheck Protection Program (“PPP”) authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis. All loan terms will be the same for everyone. The loan amounts [...]
SMALL BUSINESS PAYCHECK PROTECTION PROGRAM
The Paycheck Protection Program provides small businesses with funds to pay up to 8 weeks of payroll costs including benefits. Funds can also be used to pay interest on mortgages, rent, and utilities. Fully Forgiven [...]
CORONAVIRUS EMERGENCY LOANS – Small Business Guide and Checklist
The Coronavirus Aid, Relief, and Economic Security (CARES) Act allocated $350 billion to help small businesses keep workers employed amid the pandemic and economic downturn. Known as the Paycheck Protection Program, the initiative provides 100% [...]
Construction
New Guidance on COVID-19 Vaccine Mandate for Federal Contractor
The Federal Workforce Task Force, created by President Biden’s Executive Order on COVID Safety Protocols, released guidance on workplace safety protocols for federal contractors and subcontractor. The Guidance explains which contracts are covered, which employers [...]
President Biden Orders OSHA to Issue New COVID-19 Guidance
President Biden recently issued an Executive Order (copy here) requiring OSHA to issue “science-based guidance” to help keep workers safe from COVID-19 exposure. The Executive Order does not create immediate changes, but calls for quick [...]
Should you Update your Construction Contracts after COVID?
There are few, if any, construction projects that were not impacted by COVID-19. Now that we have all dealt with these impacts, it’s time to look ahead and determine if your construction contracts should be [...]
Best Practices in Dealing with COVID-19
We have all been dealing with the impact of COVID-19, but the situation becomes more personal when one of our own employees reports that he or she is suffering from COVID-19 symptoms. And, with all [...]
Sending Employees Home to Avoid Catching COVID-19? Remember Your ADA Obligations.
Over the past several months, EEOC, DOL, OSHA and other federal agencies have provided answers to dozens, if not hundreds, of questions regarding how employers should handle their responsibilities to employees during this unprecedented time. [...]
Construction Work—Is it an Essential Activity in your Jurisdiction?
Shelter in place orders abound throughout the country, yet construction continues to march on. As we continue to deal with the impact of COVID-19, it’s important that you know whether your construction work is considered [...]
Construction Contractors and the CARES Act
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was just passed and it contains a number of provisions that will benefit the construction industry, including, the Paycheck Protection Program, unemployment, and delayed payroll taxes. [...]
Why Your COVID-19 Planning Should Include Durable Powers of Attorney for Health Care and Finances
Concerns surrounding COVID-19 are not just related to construction projects and contracts. You need to make sure you are personally ready to deal with COVID-19. Here is an article from one of my partners discussing [...]
Is it Time to Send your COVID-19 Notice? YES
COVID-19 is hampering all aspects of our lives, and the construction industry is no exception. As you continue to assess your construction projects, don’t forget that you likely have notice obligations to upstream contractors or [...]
Is the Coronavirus Infecting Your Construction Schedule?
We are all feeling the impact of the Corona virus, either because we or someone we know has been exposed or it is causing changes to our schedules. Have you given any thought about how [...]
Court
Judicial Response to COVID-19 – UPDATES x15
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x15
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x14
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x13
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x12
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x11
Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit [...]
Judicial Response to COVID-19 – UPDATES x10
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x9
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
General Order No. 2020-10 IN RE Policy on Mandatory Use of Face Coverings and General Order No. 2020-11 IN RE Restrictions on Courthouse Entry Due to COVID-19
General Order No. 2020-10 In Re POLICY ON MANDATORY USE OF FACE COVERINGS and General Order 2020-11 In Re RESTRICTIONS ON COURTHOUSE ENTRY DUE TO COVID-19 have been entered and posted on the court's website. [...]
Judicial Response to COVID-19 – UPDATES x8
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x7
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x6
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x5
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x4
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x3
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this [...]
Judicial Response to COVID-19 Summary
Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit [...]
Judicial Response to COVID-19 – UPDATES x2
Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit [...]
Judicial Response to COVID-19 – UPDATES
Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit [...]
Judicial Response to COVID-19
Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit [...]
Employment
Sending Employees Home to Avoid Catching COVID-19? Remember Your ADA Obligations.
Over the past several months, EEOC, DOL, OSHA and other federal agencies have provided answers to dozens, if not hundreds, of questions regarding how employers should handle their responsibilities to employees during this unprecedented time. [...]
Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) | Occupational Safety and Health Administration
On Friday April 10, 2020 OSHA issued enforcement guidance related to the recording of cases of COVID-19. COVID-19 is a recordable illness and employers must record cases of COVID-19 if certain conditions are met. One [...]
Families First Coronavirus Response Act COVID-19 Poster & FAQ’s
Family First Coronavirus Response ACT COVID-19 Poster and Frequently Asked Questions links below. Link: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf FAQ's: https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions If you have questions about the First Coronavirus Response Act, please give Senior Counsel Attorney, Eric Tiritilli a [...]
DOL Publishes Initial Guidance & Employee Notice Regarding Family First Coronavirus Response Act
The DOL has provided a comprehensive Q&A document explaining and outlining some of the most common questions related to the Families First Coronavirus Response Act including guidance on counting employees to determine if your company [...]
COVID-19 and the Fair Labor Standards Act: Questions and Answers
Here is a link to frequently asked questions about the Fair Labor Standards Act: https://www.dol.gov/agencies/whd/flsa/pandemic If you have questions about how the Fair Labor Standards Act will impact you or your business, please give Senior [...]
Preparing to Provide Paid Sick and FMLA Leave
The Families First Coronavirus Response Act (“FFCRA”) has passed the Senate and signed into law by the President. It will go into effect on April 1, 2020. Among the measures included as part of the [...]
Families First Coronavirus Response Act Notice – Frequently Asked Questions
Here is a link to frequently asked questions about the Families First Coronavirus Response Act Notice https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions If you have questions about how the Families First Coronavirus Response Act will impact your business, please give [...]
COVID-19 Employers Best Practices
The COVID-19 (coronavirus) has changed all our lives. Employers and employees are rightfully concerned about the COVID-19 virus and how it will affect each one of us. Employers, like you, are concerned with how to [...]
Estate Planning
Why Your COVID-19 Planning Should Include Durable Powers of Attorney for Health Care and Finances
At LDM, we share all the concerns of every family and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all [...]
Why Your Coronavirus (COVID-19) Planning Should Include Durable Powers of Attorney for Health Care and Finances
At LDM, we share all the concerns of every family and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all get [...]
Health Care
State Providing Needed Coronavirus Supply Relief
LINCOLN – Today, Governor Pete Ricketts provided an update to the State of Nebraska’s efforts to procure necessary supplies for health care facilities, cities, and counties to help combat COVID-19. The Materiel Division within the Nebraska [...]
Gov. Ricketts, Public Health Director Announce Guidelines to Resume Elective Surgeries in May
LINCOLN – This afternoon, Governor Pete Ricketts announced the State’s first step to relax the health measures implemented to slow the spread of COVID-19. Starting on May 4th, elective surgeries may resume as long as hospitals [...]
Gov. Ricketts Announces 11 Counties in South-Central Nebraska Now Included in State’s Directed Health Measure
LINCOLN – Today, Governor Pete Ricketts announced that the State’s sixth and seventh COVID-19 related Directed Health Measures (DHMs) include Adams, Buffalo, Clay, Dawson, Franklin, Gosper, Harlan, Kearney, Nuckolls, Phelps, and Webster counties. They will be [...]
Gov. Ricketts Signs Executive Order Giving Flexibility to Healthcare Facilities, Announces Safety Guidelines for Nursing Homes
LINCOLN – Today, Governor Pete Ricketts announced a new executive order to give healthcare facilities greater flexibility to respond to coronavirus 2019 (COVID-19). The purpose of the order is to enable healthcare facilities to expand capacity [...]
U.S. Department of Health and Human Services Guidance on applicability of HIPAA during the Coronavirus Pandemic
February 2020 Office for Civil Rights, U.S. Department of Health and Human Services BULLETIN: HIPAA Privacy and Novel Coronavirus In light of the Novel Coronavirus (2019-nCoV) outbreak, the Office for Civil Rights (OCR) at the [...]
Hospitals turn to remote monitoring tools to free up beds – STAT
Desperate to free up beds for only the sickest Covid-19 patients, hospitals nationwide are weighing the use of new technologies to monitor patients from their homes. See the full article here: https://www.statnews.com/2020/03/25/coronavirus-hospitals-weigh-remote-patient-monitoring-tools/ If you have [...]
Legislative
Gov. Ricketts Adds Additional Businesses to State’s Directed Health Measure
Additions to the Statewide DHM All beauty/nail salons, barber shops, massage therapy services, gentlemen’s clubs, bottle clubs, indoor theatres, and tattoo parlors/studios are closed until April 30, 2020. All organized team sports, youth and adult, [...]
Nebraska Chief Justice Issues Second Order Regarding Coronavirus and COVID-19
Tuesday, April 7, 2020 Below is the Administrative Order signed April 6, 2020, by Nebraska Supreme Court Chief Justice Mike Heavican regarding Novel Coronavirus and COVID-19 Disease. Read the Second Order: 4.6.20 - Administrative Order [...]
Gov. Ricketts Issued an Executive Order to Prevent Evictions of Nebraskans Significantly Impacted by COVID-19
Gov. Ricketts issued an executive order to prevent evictions of Nebraskans significantly impacted by COVID-19. The order prevents the eviction of renters unable to pay rent due on or after March 13th because of the [...]
Tax
An Overview of the CARES Act Tax Implications
The CARES Act revised, relaxed and created a number of new tax policies for businesses. While a number of these are still being clarified with respect to interpretation and implementation, they are worth looking at [...]
Workers’ Compensation
Ergonomics: Tips to Avoid Work-Related Injuries While Working From Home
As more employees are working from home due to the COVID-19 pandemic—many of whom are doing so indefinitely with no firm end point in sight--employers should urge employees to take certain steps to avoid injury [...]
Can an Employees Working From Home File Workers’ Compensation Claims?
Due to the COVID-19 pandemic, a growing number of employees are continuing to work from home; however, working from home may complicate workers’ compensation claims. Workers’ compensation generally applies only to injuries occurring in the [...]
States Expanding Workers’ Compensation Coverage for Essential Workers
In late April, the Iowa American Federation of Law, AFL-CIO, called on Iowa state officials to establish standards and protections for workers during the COVID-19 pandemic, including expanding workers’ compensation coverage to essential workers. Both [...]
Construction Site Safety–Striking a Balance with COVID-19
Construction projects are still humming along in the Midwest. But, this is only happening with construction companies making adjustments to their daily operations to protect employee safety. Here are a few measures the industry is [...]
Temporary Disability Issues Facing Employers In Light Of COVID-19
NEBRASKA 1. If somebody was on modified duty and due to the virus the employer is shutting down, are we responsible to pick up TD? Nebraska courts require employers to pay temporary disability benefits [...]
Lamson Dugan & Murray COVID-19 Resources
Bankruptcy
Take-Out Food and the First COVID-19 Force Majeure Opinion
An Illinois bankruptcy court was the first court in the country to issue an opinion on how a force majeure clause in a commercial lease would be applied to the COVID-19 pandemic. Not surprisingly, the [...]
NEB – US Bankruptcy Court – District of Nebraska – UPDATE TO PUBLIC ACCESS Starting June 8, 2020
Starting June 8, 2020, the US Bankruptcy Clerk’s Office will be open for public access. There are some requirements and restrictions on courthouse entry pursuant to US District Court's - District of Nebraska, General Order [...]
The Coronavirus Just Doubled the Risk of Mass Bankruptcies
The risk of mass bankruptcies across the U.S. continues to rise as more companies grapple with the fallout stemming from efforts to battle the spread of coronavirus cases, according to one leading bankruptcy professor. According to data [...]
The Small Business Reorganization Act
In August of last year Congress passed, and Mr. Trump signed, legislation to make Chapter 11 more helpful for “small business” debtors, “The Small Business Reorganization Act” (“Subchapter V”), see https://www.congress.gov/116/bills/hr3311/BILLS-116hr3311enr.pdf. Subchapter V became effective [...]
Small Biz Bankruptcy Rules Come Just In Time For Many
Changes in the rules governing small business bankruptcies came at a fortuitous time earlier this year and could provide an easier path to reorganization as many more companies are likely to become insolvent due to the [...]
All Chapter 7, 11, 12, and 13 meetings of creditors scheduled after April 1, 2020 for all locations in Nebraska will be conducted by telephone until further notice
In an effort to reduce the spread of Covid-19, all Chapter 7, 11, 12, and 13 meetings of creditors scheduled after April 1, 2020 for all locations in Nebraska will be conducted by telephone until [...]
Business
Small Business Stabilization Grant – UPDATE
All – Today the Governor announced a second round of grant money for certain business. Beginning on October 21, 2020 certain small businesses who did not receive a grant in the first round of grants [...]
Omaha Mask Mandate
On August 11, 2020 the Omaha City Council passed an emergency ordinance mandating masks when indoors at a premises open to the general public unless an individual maintains a minimum of six feet of separation [...]
UPDATE: Nebraska Small Business Stabilization Grant Extended
The Small Business Stabilization Grant program has been extended until this Friday July 17, 2020 at 4:00 p.m. and is accepting new applicants (previous applicants are expected to be notified of the award status this [...]
CDC Issues More Comprehensive Guidance For Employers
The CDC has issued more comprehensive guidance and guidelines in support of President Trump’s plan for reopening the United States. Included, in Appendix F, is specific guidance for a number of industries including child care [...]
SBA PPP Loan Forgiveness Application
The SBA has published a Paycheck Protection Program Loan Forgiveness Application. The document provides instructions for completing the form and the required calculations. The instructions note that borrowers may complete the application as directed and [...]
CDC Publishes Flowcharts to Help Communities and Businesses Weighing Whether to Reopen
The CDC has provided guidance in the form of a flow-chart to help employers make opening, or reopening, decisions during the COVID-19 pandemic. The guidance notes that it is important for employers to also check [...]
Nebraska Churches Reopen
How are churches to conduct their services now that the governor has eased the COVID-19 restrictions? From May 4 through May 31, the rule limiting gathers to ten people will be relaxed for churches in [...]
Gov. Ricketts Announces Relaxed Directed Health Measures in Additional Regions, Issues Guidance to Resume Baseball & Softball in June
LINCOLN – Today, at his daily coronavirus press briefing, Governor Pete Ricketts announced that less restrictive Directed Health Measures (DHMs) will take effect in three additional regions in southern Nebraska on May 18, 2020. These regions [...]
Small Business Administration Benefits Now Available to Farmers and Ranchers
Congress replenished the Economic Injury Disaster Loan (EIDL) by passing a new law in April that became effective on May 4, which added $60 billion to the program. The SBA reopened its EIDL portal on [...]
OSHA Alerts
OSHA continues to provide information and best practices for employers in dealing with COVID-19 in the work place. OSHA has issued several “alerts” offering guidance for employers in the retail sector, in construction, in the [...]
Gov. Ricketts Announces Regulatory Changes to Allow Restaurants to Operate as Pop-Up Retailers
LINCOLN – Today, during his daily COVID-19 press briefing, Governor Pete Ricketts announced regulatory changes to give restaurants the flexibility to sell packaged foods to customers. Under normal circumstances, restaurants cannot sell packaged foods—like loaves of [...]
Gov. Ricketts Issues Executive Order to Provide Childcare Relief, Announces COVID-19 Business Response Survey
LINCOLN – This afternoon, Governor Pete Ricketts issued an executive order to expand childcare options for working Nebraska families and to provide relief for childcare centers participating in the State’s Child Care Subsidy Program. The order [...]
Of Course Ag on the List: Identifying Essential Critical Infrastructure Workers During COVID-19:
I know we’ve all had a fair share of questions regarding what is an “essential business” that would be allowed to remain open if the Nebraska Governor issued a shelter in place/shutdown order. While Gov. [...]
Identifying Critical Infrastructure During COVID-19
I know we’ve all had a fair share of questions regarding what is an “essential business” that would be allowed to remain open if the Governor issued a shelter in place/shutdown order. While Gov. Ricketts [...]
DOL published regulations providing guidance on paid leave under the Families First Coronavirus Response Act
The DOL published regulations providing guidance on paid leave under the Families First Coronavirus Response Act. This temporary rules provides critical guidance on a number of topics related the FFCRA including conditions that a business [...]
COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs
The IRS has issued important guidance for employers answering many questions regarding tax credits for payments made under the Families First Coronavirus Response Act. Included in the questions and answers is specific guidance on documents [...]
Paycheck Protection Program Application Form
Click the link for the Paycheck Protection Program Application Form: https://www.sba.gov/sites/default/files/2020-03/Borrower%20Paycheck%20Protection%20Program%20Application.pdf If you have questions about the Small Business Paycheck Protection Program, please give Senior Counsel Attorney, Eric Tiritilli a call at 402-397-7300.
PAYCHECK PROTECTION PROGRAM (PPP) INFORMATION SHEET: BORROWERS
The Paycheck Protection Program (“PPP”) authorizes up to $349 billion in forgivable loans to small businesses to pay their employees during the COVID-19 crisis. All loan terms will be the same for everyone. The loan amounts [...]
SMALL BUSINESS PAYCHECK PROTECTION PROGRAM
The Paycheck Protection Program provides small businesses with funds to pay up to 8 weeks of payroll costs including benefits. Funds can also be used to pay interest on mortgages, rent, and utilities. Fully Forgiven [...]
CORONAVIRUS EMERGENCY LOANS – Small Business Guide and Checklist
The Coronavirus Aid, Relief, and Economic Security (CARES) Act allocated $350 billion to help small businesses keep workers employed amid the pandemic and economic downturn. Known as the Paycheck Protection Program, the initiative provides 100% [...]
Construction
New Guidance on COVID-19 Vaccine Mandate for Federal Contractor
The Federal Workforce Task Force, created by President Biden’s Executive Order on COVID Safety Protocols, released guidance on workplace safety protocols for federal contractors and subcontractor. The Guidance explains which contracts are covered, which employers [...]
President Biden Orders OSHA to Issue New COVID-19 Guidance
President Biden recently issued an Executive Order (copy here) requiring OSHA to issue “science-based guidance” to help keep workers safe from COVID-19 exposure. The Executive Order does not create immediate changes, but calls for quick [...]
Should you Update your Construction Contracts after COVID?
There are few, if any, construction projects that were not impacted by COVID-19. Now that we have all dealt with these impacts, it’s time to look ahead and determine if your construction contracts should be [...]
Best Practices in Dealing with COVID-19
We have all been dealing with the impact of COVID-19, but the situation becomes more personal when one of our own employees reports that he or she is suffering from COVID-19 symptoms. And, with all [...]
Sending Employees Home to Avoid Catching COVID-19? Remember Your ADA Obligations.
Over the past several months, EEOC, DOL, OSHA and other federal agencies have provided answers to dozens, if not hundreds, of questions regarding how employers should handle their responsibilities to employees during this unprecedented time. [...]
Construction Work—Is it an Essential Activity in your Jurisdiction?
Shelter in place orders abound throughout the country, yet construction continues to march on. As we continue to deal with the impact of COVID-19, it’s important that you know whether your construction work is considered [...]
Construction Contractors and the CARES Act
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was just passed and it contains a number of provisions that will benefit the construction industry, including, the Paycheck Protection Program, unemployment, and delayed payroll taxes. [...]
Why Your COVID-19 Planning Should Include Durable Powers of Attorney for Health Care and Finances
Concerns surrounding COVID-19 are not just related to construction projects and contracts. You need to make sure you are personally ready to deal with COVID-19. Here is an article from one of my partners discussing [...]
Is it Time to Send your COVID-19 Notice? YES
COVID-19 is hampering all aspects of our lives, and the construction industry is no exception. As you continue to assess your construction projects, don’t forget that you likely have notice obligations to upstream contractors or [...]
Is the Coronavirus Infecting Your Construction Schedule?
We are all feeling the impact of the Corona virus, either because we or someone we know has been exposed or it is causing changes to our schedules. Have you given any thought about how [...]
Court
Judicial Response to COVID-19 – UPDATES x15
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x15
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x14
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x13
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x12
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x11
Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit [...]
Judicial Response to COVID-19 – UPDATES x10
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x9
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
General Order No. 2020-10 IN RE Policy on Mandatory Use of Face Coverings and General Order No. 2020-11 IN RE Restrictions on Courthouse Entry Due to COVID-19
General Order No. 2020-10 In Re POLICY ON MANDATORY USE OF FACE COVERINGS and General Order 2020-11 In Re RESTRICTIONS ON COURTHOUSE ENTRY DUE TO COVID-19 have been entered and posted on the court's website. [...]
Judicial Response to COVID-19 – UPDATES x8
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x7
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x6
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x5
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x4
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease [...]
Judicial Response to COVID-19 – UPDATES x3
Updates in red Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this [...]
Judicial Response to COVID-19 Summary
Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit [...]
Judicial Response to COVID-19 – UPDATES x2
Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit [...]
Judicial Response to COVID-19 – UPDATES
Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit [...]
Judicial Response to COVID-19
Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit [...]
Employment
Sending Employees Home to Avoid Catching COVID-19? Remember Your ADA Obligations.
Over the past several months, EEOC, DOL, OSHA and other federal agencies have provided answers to dozens, if not hundreds, of questions regarding how employers should handle their responsibilities to employees during this unprecedented time. [...]
Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) | Occupational Safety and Health Administration
On Friday April 10, 2020 OSHA issued enforcement guidance related to the recording of cases of COVID-19. COVID-19 is a recordable illness and employers must record cases of COVID-19 if certain conditions are met. One [...]
Families First Coronavirus Response Act COVID-19 Poster & FAQ’s
Family First Coronavirus Response ACT COVID-19 Poster and Frequently Asked Questions links below. Link: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf FAQ's: https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions If you have questions about the First Coronavirus Response Act, please give Senior Counsel Attorney, Eric Tiritilli a [...]
DOL Publishes Initial Guidance & Employee Notice Regarding Family First Coronavirus Response Act
The DOL has provided a comprehensive Q&A document explaining and outlining some of the most common questions related to the Families First Coronavirus Response Act including guidance on counting employees to determine if your company [...]
COVID-19 and the Fair Labor Standards Act: Questions and Answers
Here is a link to frequently asked questions about the Fair Labor Standards Act: https://www.dol.gov/agencies/whd/flsa/pandemic If you have questions about how the Fair Labor Standards Act will impact you or your business, please give Senior [...]
Preparing to Provide Paid Sick and FMLA Leave
The Families First Coronavirus Response Act (“FFCRA”) has passed the Senate and signed into law by the President. It will go into effect on April 1, 2020. Among the measures included as part of the [...]
Families First Coronavirus Response Act Notice – Frequently Asked Questions
Here is a link to frequently asked questions about the Families First Coronavirus Response Act Notice https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions If you have questions about how the Families First Coronavirus Response Act will impact your business, please give [...]
COVID-19 Employers Best Practices
The COVID-19 (coronavirus) has changed all our lives. Employers and employees are rightfully concerned about the COVID-19 virus and how it will affect each one of us. Employers, like you, are concerned with how to [...]
Estate Planning
Why Your COVID-19 Planning Should Include Durable Powers of Attorney for Health Care and Finances
At LDM, we share all the concerns of every family and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all [...]
Why Your Coronavirus (COVID-19) Planning Should Include Durable Powers of Attorney for Health Care and Finances
At LDM, we share all the concerns of every family and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all get [...]
Health Care
State Providing Needed Coronavirus Supply Relief
LINCOLN – Today, Governor Pete Ricketts provided an update to the State of Nebraska’s efforts to procure necessary supplies for health care facilities, cities, and counties to help combat COVID-19. The Materiel Division within the Nebraska [...]
Gov. Ricketts, Public Health Director Announce Guidelines to Resume Elective Surgeries in May
LINCOLN – This afternoon, Governor Pete Ricketts announced the State’s first step to relax the health measures implemented to slow the spread of COVID-19. Starting on May 4th, elective surgeries may resume as long as hospitals [...]
Gov. Ricketts Announces 11 Counties in South-Central Nebraska Now Included in State’s Directed Health Measure
LINCOLN – Today, Governor Pete Ricketts announced that the State’s sixth and seventh COVID-19 related Directed Health Measures (DHMs) include Adams, Buffalo, Clay, Dawson, Franklin, Gosper, Harlan, Kearney, Nuckolls, Phelps, and Webster counties. They will be [...]
Gov. Ricketts Signs Executive Order Giving Flexibility to Healthcare Facilities, Announces Safety Guidelines for Nursing Homes
LINCOLN – Today, Governor Pete Ricketts announced a new executive order to give healthcare facilities greater flexibility to respond to coronavirus 2019 (COVID-19). The purpose of the order is to enable healthcare facilities to expand capacity [...]
U.S. Department of Health and Human Services Guidance on applicability of HIPAA during the Coronavirus Pandemic
February 2020 Office for Civil Rights, U.S. Department of Health and Human Services BULLETIN: HIPAA Privacy and Novel Coronavirus In light of the Novel Coronavirus (2019-nCoV) outbreak, the Office for Civil Rights (OCR) at the [...]
Hospitals turn to remote monitoring tools to free up beds – STAT
Desperate to free up beds for only the sickest Covid-19 patients, hospitals nationwide are weighing the use of new technologies to monitor patients from their homes. See the full article here: https://www.statnews.com/2020/03/25/coronavirus-hospitals-weigh-remote-patient-monitoring-tools/ If you have [...]
Legislative
Gov. Ricketts Adds Additional Businesses to State’s Directed Health Measure
Additions to the Statewide DHM All beauty/nail salons, barber shops, massage therapy services, gentlemen’s clubs, bottle clubs, indoor theatres, and tattoo parlors/studios are closed until April 30, 2020. All organized team sports, youth and adult, [...]
Nebraska Chief Justice Issues Second Order Regarding Coronavirus and COVID-19
Tuesday, April 7, 2020 Below is the Administrative Order signed April 6, 2020, by Nebraska Supreme Court Chief Justice Mike Heavican regarding Novel Coronavirus and COVID-19 Disease. Read the Second Order: 4.6.20 - Administrative Order [...]
Gov. Ricketts Issued an Executive Order to Prevent Evictions of Nebraskans Significantly Impacted by COVID-19
Gov. Ricketts issued an executive order to prevent evictions of Nebraskans significantly impacted by COVID-19. The order prevents the eviction of renters unable to pay rent due on or after March 13th because of the [...]
Tax
An Overview of the CARES Act Tax Implications
The CARES Act revised, relaxed and created a number of new tax policies for businesses. While a number of these are still being clarified with respect to interpretation and implementation, they are worth looking at [...]
Workers’ Compensation
Ergonomics: Tips to Avoid Work-Related Injuries While Working From Home
As more employees are working from home due to the COVID-19 pandemic—many of whom are doing so indefinitely with no firm end point in sight--employers should urge employees to take certain steps to avoid injury [...]
Can an Employees Working From Home File Workers’ Compensation Claims?
Due to the COVID-19 pandemic, a growing number of employees are continuing to work from home; however, working from home may complicate workers’ compensation claims. Workers’ compensation generally applies only to injuries occurring in the [...]
States Expanding Workers’ Compensation Coverage for Essential Workers
In late April, the Iowa American Federation of Law, AFL-CIO, called on Iowa state officials to establish standards and protections for workers during the COVID-19 pandemic, including expanding workers’ compensation coverage to essential workers. Both [...]
Construction Site Safety–Striking a Balance with COVID-19
Construction projects are still humming along in the Midwest. But, this is only happening with construction companies making adjustments to their daily operations to protect employee safety. Here are a few measures the industry is [...]
Temporary Disability Issues Facing Employers In Light Of COVID-19
NEBRASKA 1. If somebody was on modified duty and due to the virus the employer is shutting down, are we responsible to pick up TD? Nebraska courts require employers to pay temporary disability benefits [...]